COA Opinion: Proprietary function exception to governmental immunity
SUMMARY: On March 9, 2010, the Court of Appeals issued a per curiam opinion in Dextrom v. Wexford County, No. 281020. Plaintiff property owners sued the county, alleging that contaminants from the county-operated landfill entered their groundwater. The Court of Appeals determined that the trial court correctly concluded that, contrary to certain plaintiffs’ contention, a landfill that violates state licensing and environmental laws does not constitute an ultra vires activity.
Defendants asserted a governmental immunity defense. Generally, the defendants’ operation of a landfill constitutes a governmental function, and is protected by governmental immunity. There are, however, exceptions to governmental immunity, including the proprietary function exception.
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DOCUMENT INFO
Doc Type:
Legal Article/Newsletter
Published: 3/11/2010
See Related Docs
Legal Article/Newsletter Name:
COA Opinion: Proprietary function exception to governmental immunity
Legal System: United States
Personal Injury
Real Estate - Residential
Civil Procedure
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